Drink driving is a serious offence that puts not only the life of the driver but also the lives of innocent bystanders at risk. While you should always take care not to drink and drive, people do make mistakes from time to time. If you’ve been charged with drink driving in Melbourne, engaging a drink driving lawyer should be your number one priority as they would be in the best position to advise you on how you can reduce your sentence. In this post, we take a look at some mitigative factors that might help you reduce your sentence in the event that you are charged.
What are the Penalties for Drink Driving?
Depending on the specific facts surrounding your case, the penalties for drink driving may differ. Generally, the more drunk you were at the time of the offence, the more severe the penalty is likely to be. The sentence if you are found guilty of drink driving typically entails a fine as well as the cancellation of your driving license for a minimum of three months and up to 24 months. You will also need to complete a behaviour change programme before you are allowed to resume driving again.
What are Mitigating Factors?
Mitigating factors are additional considerations that a judge hearing a case can take into account when determining the sentence that they should hand down to a person who has been found guilty of an offence. These factors are often presented to the judge to seek a more lenient punishment.
Common Mitigating Factors in Driving Offences
Some of the common mitigating factors that a lawyer might argue in a driving offences case include:
- First-Time Offender: If it is your first time being charged with a driving offence and you have no history of similar offences in the past, you might be able to seek a more lenient sentence from the judge on account of this.
- Low Blood Alcohol Concentration: If your blood alcohol concentration at the time of the offence was low or just over the legal limit, you might also be able to raise this as a mitigating factor to argue that the offence was not as severe.
- Remorse and Responsibility: By showing remorse = such as by pleading guilty, you can also show the judge that you are taking responsibility for your actions and this may get you a more lenient sentence.
What to Do If You’ve Been Charged with Drink Driving?
If you’ve been charged with a drink driving offence, the first thing you should do is to engage a drink driving lawyer. Your lawyer will take all the factors surrounding your circumstances into account and provide you with legal advice on the best course of action moving forward.
Leanne Warren & Associates is a leading firm of driving offences lawyers based in Melbourne. Contact us today for a free, 30-minute consultation on your case and find out how we can help you obtain the best possible outcome for your charge.
